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(영문) 광주지방법원 목포지원 2014.06.12 2014고단582
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of one ton cargo vehicle B.

On January 7, 2014, the Defendant driven the above cargo vehicle at around 22:52, and driven the front road of the Yannam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, in the direction from the west to the west by about 80km each other, along the speed of two lanes.

At the time, since it is a night and a two-lane straight line, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving service is a person who gets a way to reduce the speed and see well.

Nevertheless, the Defendant neglected this and found the victim C (53 years old) who unauthorizedly crossed from the left side of the Defendant’s vehicle to the right side at the same speed while changing the vehicle to a two-lane, while neglecting this, and then she went beyond the victim with the right side of the Defendant’s truck and the front side.

Ultimately, around January 8, 2014, around 06:30 on January 8, 2014, the Defendant caused the death of the victim of the E Hospital located in Gwangju-gu, Gwangju-gu due to external wounds by blood transfusions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. CCTV-cap photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Whether or not the defendant has been sentenced or suspended, the fact that he has recognized and reflected his mistake, that he has agreed with the bereaved family members of the victim, and that the defendant has driven.

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